Docket No. 10874. March 23, 1973. Appeal from Superior Court of Alameda County, No. 52620, John S. Cooper, Judge. COUNSEL Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Robert R. Granucci and Thomas A. Brady, Deputy Attorneys General, for Plaintiff and Appellant. James C. Hooley, Public Defender, and Richard L. Howard, Assistant Public Defender, for Defendant and Respondent. OPINION THE COURT. Respondent was